ICC Emboldens Somalia against Kenya on Maritime dispute

ICC Emboldens Somalia against Kenya on Maritime dispute

By Yosief Abraham Z/Nation

Reports affirmed that the International Court of Justice has emboldened Somalia to file a response to a case in which it has sued Kenya over a maritime border. “The court issued this decision taking into account the views of the parties and the circumstances of the case. The subsequent procedure has been reserved for further decision,” said a statement from the court’s registry.

In addition to this, the court announced on Monday that Somalia should respond to Kenya’s claim that the current flow of the border should remain intact by June 18, a time to give Kenya with another six months to poke holes in the response.

Taking into account that Somalia sued Kenya in August 2014 by claiming the border between the two countries should extend diagonally into the sea, south of Kiunga and not eastwards as it is today, fears loom the decision by ICC inn triggering hard fresh arguments. Founded its policy that such moves may affect its sea border with Tanzania, Kenya has been discontent on Somalia’s stance.

Though the current border has existed largely as a result of Presidential Proclamation of 1979, Kenya’s preliminary objections to the court in February of 2017 were dismissed. Kenya had argued that the court lacked jurisdiction and that the two countries had signed a memorandum of understanding to have the matter resolved through the UN Commission on the Limits of the Continental Shelf, something which Nairobi had claimed was not yet exhausted.

It is recalled that Kenya had—in December of last year—its files before the Court saying the matter can best be handled through the UNCLOS and insisted its continued exploration, fishing and other activity in the disputed area is based on a bilateral decree issued by the countries’ leaders in 1979.

Reports affirm the significance of the area in contest which is about 100,000 square kilometres, forming a triangle east of the Kenyan coast.

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